"Protectors Became Attackers": Allahabad HC Orders Inquiry Against Cops For Allegedly Assaulting Girl Who Had Intercaste Marriage

The Allahabad High Court recently directed the S.S.P., Varanasi to inquire into an allegation made by a girl, who had an intercaste marriage, that she was assaulted by UP Police personnel. The Court has also ordered that punitive action be taken against the police personnel if allegations are found to be true.

Importantly, expressing its resentment, the Bench of Justice Rahul Chaturvedi called it an unacceptable situation and remarked that the police personnel, who are said to be protectors, had become attackers in this case.

The case in brief

Essentially, the bench was dealing with a Habeas corpus plea filed by the Husband of the girl, seeking her presence before the Court alleging that she was in the illegal custody of her brothers.

Now, pursuant to the Court's order, the girl Kavita Gupta (corpus) and her husband Mahesh Kumar Vishwakarma were present before the Court on April 29.

The Girl informed the Court that she is pursuing her M.A. from Banaras Hindu University and during her studies, she developed a certain amount of tender relationship with Mahesh Kumar Vishwakarma and both of them have decided to marry and ultimately got married last year.

She further stated that her brothers, 4 in number and who were present before the Court, are very cruel to her because she got married against their wishes and desire. However, the brothers denied the allegations.

Significantly, she 'woefully' stated that on April 26, 2021, she was brutally assaulted by Abhishek Kumar, In-charge, Police Chowki-Khajuri, Police Station-Mirza Murad, District Varanasi, and two lady constables had also accompanied him.

Court's observations

At the outset, the Court ordered an inquiry into the case as it remarked thus:

"This is an unacceptable situation where the police personnel who are said to be protector have become attacker. Under the circumstances the S.S.P., Varanasi is hereby directed to inquire into the matter and if the allegation of assaulting by the aforesaid police personnel upon the corpus is found to be true, punitive action against them shall be taken within ten days from today."

Further, the Court asked the brothers of the girl to severe all relationship with their sister and not to harass or ill-treat her just because she got married to a boy of her own choice.

In view of the threats being faced by the girl from her brothers, the Court made an arrangement regarding the safety and security of herself, her husband, and her in-laws, by directing the S.S.P., Varanasi, and S.H.O., P.S.-Raja Talab, Varanasi to provide them adequate security and keep a close vigil over their safety and security

Under the peculiar facts and circumstances, accepting that Kavita Gupta is a major girl, the Court stressed that Kavita Gupta, the girl, is at liberty to go with her husband. With this, the Habeas Corpus Petition was disposed of.

Advocate Mithilesh Kumar Gupta appeared for the petitioner/corpus.

Case title - Kavita Gupta (Corpus) v. State Of U.P. And 3 Others [HABEAS CORPUS WRIT PETITION No. - 192 of 2022]

Case citation: 2022 LiveLaw (AB) 221

Click Here To Read/Download Order